Case Number: BC533886 Hearing Date: June 16, 2014 Dept: 92

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

ALFREDO MEJIA, ET AL.,
Plaintiff(s),
vs.

T K TRANSPORT SERVICES, INC., ET AL.,

Defendant(s).

CASE NO: BC533886

[TENTATIVE] ORDER GRANTING MOTION TO STRIKE WITH LEAVE TO AMEND

Dept. 92
1:30 p.m. — #40
June 16, 2014

Defendant, T.K. Transport Services, Inc.’s Motion to Strike is Granted With Leave to Amend. Plaintiffs are ordered to file an amended complaint within twenty days. Defendant is ordered to file a responsive pleading within the statutory time thereafter.

1. Background Facts
Plaintiffs, Alfredo and Wendy Mejia filed this action against Defendants, T.K. Transport Services, Inc. and Olegario Cabrera Garcia for damages arising out of an automobile accident.

2. Motion to Strike
Plaintiffs’ complaint includes a prayer for punitive damages against Moving Defendant, T.K. Transport Services, Inc. The prayer is based on the following allegations:
Plaintiff is informed and believes that Defendant Olegario Cabrera Garcia fell asleep due to working long hours imposed upon him by his employer, T.K. Transport Services, Inc., and DOES 10 to 15. Defendant Olegario Cabrera Garcia made a conscious decision to continue driving in a state of fatigue. Defendant Olegano Cabrera Garcia was aware of the substantial risks involved in continuing to operate his truck while fatigued but continued to drive while fatigued, thereby acting in a conscious disregard of the rights and safety of others.

The Restatements of Torts and Agency both support holding an employer liable for punitive damages when the employer or one of its managerial agents authorizes, contributes to, or ratifies the employee’s wrongful conduct. Restatement (Second) of Torts Section 909(d); Restatement (Second) of Agency Section 21 7(C)(d).

Defendant TX. Services, Inc., permitted and / or encouraged its driver, including Olegario Cabrera Garcia to work excessively long hours knowing that the drivers, including Olegano Cabrera Garcia, would drive in a fatigued state so that it would impale their ability to safely operate a motor vehicle.

Defendant TX, Services, Inc., failed to adequately monitor Olegario Cabrera Garcia’s conduct, failure to conduct any investigation into the driver’s hours of service, re-dispatching the truck driver even though he had exceeded his hour of service limitations; and failure to have effective procedures in place to verify drivers’ hours of service when the company knew that hours of service regulations were in place to protect the safety of the motoring public.
Defendant T.K. Transport Services, Inc. and. DOES 10 to 15, through their officers, directors or managing agents also actively permitted, encouraged or authorized Olegario Cabrera Garcia’s fatigued driving in that Defendant employer knew or in the exercise of ordinary care should have known that Olegarto Cabrera Garcia was working extremely long hours and failed to obtain adequate sleep between runs yet permitted, encouraged and authorized Olegario Cabrera Garcia to continue driving knowing the risks of doing so which clearly manifests a wanton disregard for the safety of others.

When Olegario Cabrera Garcia operated his truck on the public roadway and Defendant employer permitted, encouraged, ratified or authorized such they did so recklessly and in a despicable manner in conscious disregard for the safety of members of the public, including Plaintiff ma direct violation and contravention of California law and all principles and standards of a civilized society so as to amount to malice so as to justify the imposition of exemplary and punitive damages against said Defendants and to make an example of them.

Defendant moves to strike the prayer for punitive damages. The motion to strike is granted. Plaintiffs’ prayer for punitive damages is premised on conclusions of law, as opposed to allegations of fact. For example, Plaintiffs allege that Defendant knew Garcia was driving long hours, but fail to allege how it knew. Additionally, Plaintiffs fail to allege any motive for allowing Garcia to drive long hours. Plaintiffs fail to show that knowledge that a driver is driving more hours than permitting by statute is despicable, and constitutes malice as a matter of law. The motion to strike is therefore granted.

The Court can envision circumstances under which punitive damages would be proper, especially if a profit motive were alleged. The complaint, in its current form, fails to contain such allegations. Notably, if Plaintiffs choose to amend to add additional facts, the Court will require Plaintiffs to allege FACTS, as opposed to conclusions of law, to support their contentions.

Dated this 16th day of June, 2014

Hon. Elia Weinbach
Judge of the Superior Court